Filed: Jan. 10, 2014
Latest Update: Jan. 10, 2014
Summary: JOINT STIPULATION OF DISMISSAL FRCP 41(a)(1)(A)(ii) EDWARD J. DAVILA, District Judge. Plaintiff Christopher Valverde, Jr. ("Plaintiff") and Defendant Cogent Communications, Inc. ("Cogent" or "Defendant") (collectively, "the Parties"), by and through their respective counsel of record, enter into this Stipulation to dismiss all claims brought in the above-captioned action. The Parties hereby stipulate and agree as follows: WHEREAS, Plaintiff's First Amended Complaint ("FAC") alleges individual
Summary: JOINT STIPULATION OF DISMISSAL FRCP 41(a)(1)(A)(ii) EDWARD J. DAVILA, District Judge. Plaintiff Christopher Valverde, Jr. ("Plaintiff") and Defendant Cogent Communications, Inc. ("Cogent" or "Defendant") (collectively, "the Parties"), by and through their respective counsel of record, enter into this Stipulation to dismiss all claims brought in the above-captioned action. The Parties hereby stipulate and agree as follows: WHEREAS, Plaintiff's First Amended Complaint ("FAC") alleges individual ..
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JOINT STIPULATION OF DISMISSAL FRCP 41(a)(1)(A)(ii)
EDWARD J. DAVILA, District Judge.
Plaintiff Christopher Valverde, Jr. ("Plaintiff") and Defendant Cogent Communications, Inc. ("Cogent" or "Defendant") (collectively, "the Parties"), by and through their respective counsel of record, enter into this Stipulation to dismiss all claims brought in the above-captioned action. The Parties hereby stipulate and agree as follows:
WHEREAS, Plaintiff's First Amended Complaint ("FAC") alleges individual claims on behalf of the named Plaintiff as well as class and representative claims;
WHEREAS, Plaintiff has decided to dismiss this action pursuant to Federal Rules of Civil Procedure ("FRCP") Rule 41(a)(1)(A)(ii);
WHEREAS, under FRCP Rule 23, Court approval of the dismissal of Plaintiff's class claims is not required because it is not a voluntary dismissal of "the claims, issues, or defenses of a certified class." FRCP 23(e) (emphasis added); see also Advisory Committee Notes on 2003 Amendments to Rule 23, Subdivision (e), Paragraph (1) ("[t]he new rule requires [court] approval only if the claims, issues or defenses of a certified class are resolved by ... voluntary dismissal") (emphasis added);
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and through the Parties' respective counsel, as follows:
1. Plaintiff's individual claims are hereby dismissed with prejudice pursuant to FRCP Rule 41(a)(1)(A)(ii);
2. Plaintiff's class action and representative action claims are hereby dismissed without prejudice to other aggrieved and/or putative class members, pursuant to FRCP Rule 41(a)(1)(A)(ii);
3. Plaintiff will not reassert or refile any class, collective, or representative action claims that were, or could have been, alleged in this action, including any claims under the Private Attorney General Act or the Fair Labor Standards Act; and
4. The Parties will each bear their own costs and fees with respect to the prosecution and defense of the claims asserted in the action. The Clerk shall close this file.
IT IS SO STIPULATED.
